Hyland v Ethnic Communities Council [2002] NSWIRComm 48

Industrial Relations Commission of New South Wales

CITATION : Hyland v Ethnic Communities Council [2002] NSWIRComm 48 APPLICANT: Wayne Hyland PARTIES : RESPONDENT: Ethnic Communities Council of NSW, Inc FILE NUMBER: IRC 28 of 2001 CORAM: Boland J CATCHWORDS : Unfair Dismissal - Applicant refused to participate in mediation to resolve grievance filed by colleague - Employment terminated on the basis of continued failure to meet behavioural standards - Respondent found to have taken reasonable and proper steps to resolve conflict - Found applicant not unfairly dismissed - Application for relief pursuant to s 84 of Industrial Relations Act 1996 refused. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Turner v Decke Sheetmetal (unreported, IRC NSW, Buckley C, 2232 of 1996, 12 May 1997) HEARING DATES: 08/20/2001; 08/21/2001; 02/12/2002 DATE OF JUDGMENT: 03/19/2002

APPLICANT: In Person

LEGAL REPRESENTATIVES: RESPONDENT: Mr K Godfrey Agent for Ethnic Communities Council of NSW, Inc

JUDGMENT: - 18 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: BOLAND J 19 March, 2002

Matter No IRC 28 of 2001 Wayne Hyland and Ethnic Communities Council of NSW, Inc Application by Wayne Hyland re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION

1 The applicant, Wayne Hyland, was dismissed from his employment with the respondent, the Ethnic Communities Council of NSW, Inc. ("the ECC") on 15 December 2000. Mr Hyland alleged that, pursuant to s 84 of the Industrial Relations Act 1996, his dismissal was harsh, unreasonable or unjust and has sought compensation under s 89(5) of the Act.